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6.8. & 6.9. SR 01-19-1999 rei ---\) ( )j tIl< Item # 6.8. & 6.9. MEMORANDUM River TO: Mayor and City Council FROM: Scott Harlicker, Planning Assista~ DATE: January 19, 1999 SUBJECT: Request by Associated Developers of the Twin Cities, Inc. for Preliminary Plat, and Conditional Use Permit, Public Hearing Case No.'s P 98-8 and CU 98-26 Reauest Consider a request by Associated Developers for the following: 1. Preliminary plat of 58.49 acres into 12 commercial lots and 2 outlots . 2. A conditional use permit for a 58.49 acre commercial Planned Unit Development Issue These items are being continued. At their December 22, 1998 meeting, the Planning Commission recommended approval of the preliminary plat request and the request for the conditional use permit for the PUD. However, formal City Council consideration of these items should wait until the applicant has ownership of all the property to be included in the project. These items will be formally presented to the Council once the applicant has control over all the properties included in their proposal. Attached is a memo from the City Administrator regarding next week's meeting on January 25th, at which time there will be an informal discussion regarding this application. Also included are the most recent plans for the Elk River Crossing commercial project and a copy of the minutes from the December 22nd Planning Commission meeting. . 13065 Orono Parkway. P.O. Box 490. Elk River, MN 55330. TDD & Phone: (612) 441-7420. Fax: (612) 441-7425 ill ~ It! ~ . ~ I: Ii . I -~.~..... 3 i ~-"\\\ ~/ (> " , ( ~ 5 \" , \ ~ \ \\ \ , . ~ " , \ \ ,'\ \' \ \ \ ,\ \ \ \ " ,\ , ' \, \ ,\ '\ " " \ \, \, \ \\ ,\ " '\ \ \\ \ \ \ ' ,Co, , \'" ~, \ ,tJ'l, , '," " \ . ',~\, \ ,~, \ \ \ \ ~\ \ \ \ \ \ \ \ \->\ , \ \,\~\ \ \ \, \ \,' \, \ " - . . --+--r- . . 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I D :u: a II I ~~ 8il $:: 8l!l..a r ee !eeee R ~ ... !e~! @hg ~ ! 8 8 r- r- r- ,.... r- r- r- ,.... 0 0 0 0 0 0 0 0 ;:l ;:l 6..... 6..... 6..... ~..... ~..... ~..... 6..... 6..... 0 0 0 0 0 !; ~'" ~.... !; ~'" ~.. ~'" ~.... !; !: ~~ ~~ !~ @~ !~ !~ r- r- ~ ~ ~ 0 ~ ~ ~ Q ~ " " .. J'" I.... ;.... IN ;.- '1- ~- .- ~ -~ i l 8 II ~ ~ ~ II .. .. III III III III .. III .. .. (J') Ii Ii i i II II Ii Ii Ii Ii C ;:: p .. " ;; ~ .. ;. i: .. ;:: 1II l! I a i la .. S !O ~ a I S :.- a s s 8 S ::0 -< i m~ ~ $g ~ ~ Planning Commission Minutes December 22, 1998 Page 5 . . *,6.6. *67 . . THAT THE NEWLY PLATTED 7.51 ACRE SITE BE LIMITED TO TRACTOR TRAILER STORAGE ONLY. . THAT STAFF'S COMMENTS BE INCLUDED INTO THE SITE PLAN AND LANDSCAPE PLAN PRIOR TO CITY COUNCIL APPROVAL. STAFF'S COMMENTS ARE AS FOLLOWS: THE SITE PLAN SHALL INCLUDE: . IDENTIFICATION OF ACTUAL EXISTING CONDITIONS AND PROPOSED INCLUDING ACTUAL AND PROPOSED TRACTOR TRAILER STORAGE AREA WITH PROPER SETBACKS. . IDENTIFICATON OF THE SURFACE MATERIAL OF THE TRACTOR TRAILER STORAGE AREA (SHOULD BE IDENTIFIED AS GRAVEL). . IDENTIFY THE LOCATION OF EXISTING AND PROPOSED CONCRETE CURB AND GUTTERS. CURB AND GUTTER SHOULD EXTEND ALONG THE TRACTOR TRAILER STORAGE AREA PARALLEL TO 171sT AVE. NW TO SEPARATE THE GRAVEL AREAS FROM LANDSCAPED AREAS. . LOCATION OF DUMPSTER AND ENCLOSURE . LOCATION OF FUEL VAULT . LOCATION OF MONUMENT SIGN . LOCATION OF UTILITIES . STRIPED PARKING WITH HANDICAP STALLS . EXISTING RETAINING WALL TO THE NORTH OF THE BUILDING . ANY PARKING LOT LIGHTING THE LANDSCAPE PLAN SHALL INCLUDE: . 32 OVERSTORY TREES WITH NOT MORE THAT 50% OF THE TREES COMPRISED OF ONE SPECIES . 16 EVERGREEN TREES . 16 ORNAMENTAL TREES WITH NOT MORE THAT 50% OF THE TREES COMPRISED OF ONE SPECIES . IDENTIFICATION OF SODDED AND SEEDED AREAS . IDENTIFICATION OF AREAS WITH UNDERGROUND IRRIGATION INCLUDING THE LANDSCAPED AREA ALONG 171sT AVENUE. COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 6-0. Reauest bv Associated Developers of the Twin Cities, Inc. for Preliminary Plat (Elk River Crossina), Public Hearina Case No. P 98-8 Reauest bv Associated Developers of the Twin Cities, Inc. for Conditional Use Permit, Public Hearina Case No. CU 98-26 Staff report by Scott Harlicker. Scott reviewed the revised plans for the Elk River Crossing preliminary plat and conditional use permit requested by Associated Developers of the Twin Cities, Inc. Scott also reviewed the issues which still need to be addressed including the status of Crossing Avenue, median break on Tyler Street, pedestrian accesses, design guidelines, lighting, landscaping, and EA W, wetlands, drainage, grading and utilities issues. Planning Commission Minutes December 22. 1998 Page 6 Chair Mesich opened the pUblic hearing. . Greg Frank of McCombs Frank Roos Associates, Inc., explained that he felt Crossing A venue should be a public street as it enters the development so that the immediate 4 sites can be accessed. He felt that there would be very little thru-traffic through the remainder of the site and would be destination-oriented. Chair Mesich asked Mr. Frank to explain where the sidewalks and trails would be. Mr. Frank indicated that there would be a sidewalk along 3rd Street to Tyler, along Tyler there would be a sidewalk on the west and a trail on the east. and on County Road No. 12 the trail would switch to the north side at the residential development. Commissioner Chambers questioned if renditions of the home improvement center and Wal-Mart were available. Mr. Tony Gleekel, attorney representing the developer, indicated that he is still in negotiations with the prospective retailers and that the design standards will be addressed in the PUD agreement. Mr. Gleekel felt that the developer and staff will be able to agree upon a theme by using architectural treatments and lighting that can tie in with the downtown. Scott noted that the developer and staff will be looking for recommendations from the Planning Commission regarding building materials. color, architectural theme, lighting. etc. . Kathy Swanberg, P.O. Box 130, Becker, MN, indicated she owns property in partnership with her father. Earl Hohlen, to the west of the proposed development. She indicated that a portion of her property has been included in the planning of this development without her knowledge. Ms. Swanberg reviewed past events which indicate a discrepancy in the number of acres included in the development, which needs to be resolved. She indicated she strongly objects to the proposed project because of ownership issues and the question of access to her property. Scott Zirott, 128 Baldwin, resident of the mobile home park, stated that 3 or 4 of the mobile home owners have not been paid off by the developer. Chair Mesich stated that the residents should attend the City Council meeting on January 19the so that the matter can be discussed. Stoffel Reitsma, 10860 County Road No. 12, questioned what the outlots were going to be that are located towards Tyler. Terry Maurer, City Engineer, explained that nothing will be done with the outlots at this time. but that they may be used in the future in combination with Mr. Reitsma's property. Mr. Reitsma indicated he did support the trail along County Road No. 12 switching from one side to the other. Terry indicated that the trail can only be placed where right of way is available and that ideally. in the future the trail will be located on both sides of County Road No. 12. . Dana Anderson, Park & Recreation Commission Chair, indicated that the Park & Recreation Commission discussed the location of the trail along County Road No. 12 and they felt the trail was better suited on the north side because of the prop05ed residential development and location of Hillside Park. Mr. Anderson also noted that the power line corridor located on the plat was previously Planning Commission Minutes December 22. 1998 Page 7 . designated as a snowmobile trail connection by the Park & Recreation Commission. Discussion followed regarding Crossing A venue as a public street vs. a private street. Terry Maurer indicated that access would be available to the Swanbergs with either a public or private street. Mr. Frank indicated that they are requesting the parking islands be approved as requested because of future expansion plans. He felt the 30+ consecutive stalls is a reasonable standard and compares to most cities. Mr. Frank cited the Eagan Promenade commercial development as an example of a private street through a development. It was the consensus of the Commissioners to discuss design standards at a workshop meeting. There being no further comments from the public. Chair Mesich closed the public hearing. Further discussion followed regarding the status of Crossing Avenue. The Commissioners felt the street should be either be entirely public or entirely private. Mr. Gleekel indicated the design was based on what has worked in other developments. He expressed concern that having private accesses within the sites is redundant and will cause traffic to "bottleneck" when moving in and out of the sites. . COMMISSIONER COTE MOVED TO RECOMMEND APPROVAL OF THE PRELIMINARY PLAT AND CONDITIONAL USE PERMIT FOR THE ELK RIVER CROSSING PLANNED UNIT DEVELOPMENT REQUESTED BY ASSOCIATED DEVELOPERS OF THE TWIN CITIES. INC. WITH THE FOLLOWING CONDITIONS: 1. A DEVELOPERS AGREEMENT BE PREPARED OUTLINING THE TERMS AND CONDITIONS OF THE PLAT APPROVAL AND INSTALLATION OF IMPROVEMENTS BE PREPARED AND EXECUTED PRIOR TO RELEASING THE PLAT FOR RECORDING. 2. A PLANNED UNIT DEVELOPMENT AGREEMENT BE PREPARED AND EXECUTED PRIOR TO RELEASING THE PLAT FOR RECORDING. 3. A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF THE COSTS OF PUBLIC IMPROVEMENTS. 4. UPON COMPLETING ALL OF THE IMPROVEMENTS AND HAVING THEM ACCEPTED BY THE CITY. A WARRANTY BOND IN THE AMOUNT OF 25% OF THE IMPROVEMENT COSTS SHALL BE SUBMITTED TO THE CITY FOR A ONE YEAR PERIOD. 5. SURFACE WATER MANAGEMENT FEE IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING WITH SHERBURNE COUNTY. . 6. A SEALCOAT FEE IN THE AMOUNT TO BE DETERMINED BY THE CITY ENGINEER BE PAID TO THE CITY PRIOR TO RELEASING THE PLAT FOR RECORDING WITH SHERBURNE COUNTY. Planning Commission Minutes December 22. 1998 Page 8 . 7. THE NECESSARY DRAINAGE AND UTILITY EASEMENTS BE DEDICATED ON THE PLAT AS REQUIRED BY THE CITY. 8. ALL COMMENTS OF THE CITY ENGINEER BE ADDRESSED. 9. ALL APPROPRIATE WETLAND PERMITS MUST BE OBTAINED PRIOR TO COMMENCING WORK ON THE SITE. 10. RESTRICTIVE COVENANTS BE PUT IN PLACE OVER THE WETLANDS, THESE SHALL BE COMPLETED AND RECORDED WITH THE PLAT. 11. A BOND COVERING THE COST OF THE WETLAND MITIGATION IS REQUIRED AND SHALL BE MADE PART OF THE DEVELOPERS AGREEMENT. 12. PAYMENT OF PARK DEDICATION FEES IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING WITH SHERBURNE COUNTY. 13. APPROPRIATE CROSS- ACCESS / CROSS PARKING EASEMENTS, INCLUDING ACCESS EASEMENTS SOUTH OF LOT 5, SHALL BE APPROVED BY THE CITY AND RECORDED WITH THE FINAL PLAT. 14. OUTLOTS A AND B SHALL BE DEEDED TO THE CITY. 15. A FINAL LANDSCAPE PLAN AND LIGHTING PLAN BE SUBMITTED AND APPROVED BY THE CITY. . 16. DESIGN GUIDELINES BE SUBMITTED AND APPROVED BY THE CITY. 17. THE PEDESTRIAN ACCESS BETWEEN THE WALMART AND HOME IMPROVEMENT PARKING LOTS BE WIDENED TO 24 FEET. 18. THE SIDEWALK ALONG THE WEST SIDE OF CROSSING AVENUE BE EXTENDED TO TYLER STREET. 19. THE TWO LOTS ON CROSSING AVENUES CLOSEST TO MAIN STREET HAVE A SHARED DRIVEWAY. 20. NO ACCESS BE ALLOWED, EXCEPT FOR CROSSING AVENUE, ON TO MAIN STREET OR 1815T AVENUE (COUNTY ROAD 12). 21. THE LANDSCAPE ISLANDS IN THE WALMART PARKING LOT BE MORE CENTRALLY LOCATED AND ADDITIONAL LANDSCAPED ISLANDS SHALL BE PROVIDED TO THE NORTH AND WEST. 22. A SIGN AGREEMENT OUTLINING THE LOCATION AND SIZE OF FREESTANDING AND WALL SIGNS BE MADE PART OF THE PUD AGREEMENT. 23. A 10 FOOT PEDESTRIAN EASEMENT BE DEDICATED TO ALLOW FOR THE SIDEWALK CONNECTION BETWEEN THIS PROJECT AND THE BUSINESS PARK TO THE SOUTH. . . . . " Planning Commission Minutes December 22, 1998 Page 9 24. TRASH COMPACTOR/DUMPSTER ENCLOSURES THAT MATCH THE EXTERIOR BUILDING MATERIAL AND COLOR BE PROVIDED FOR EACH BUILDING AND/OR TENANT. 25. THE THRU-STREET, CROSSING STREET, SHALL BE EITHER COMPLETELY PRIVATE OR COMPLETELY PUBLIC. IF A PUBLIC STREET, THE ACCESSES SHALL BE LIMITED AS RECOMMENDED BY STAFF AND THE CITY ENGINEER. 26. THE DEVELOPER SHALL BE IN COMPLIANCE WITH THE CITY'S MOBILE HOME ORDINANCE PRIOR TO FINAL PLAT APPROVAL. COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 6-0. 7.1. Action taken on Planning Items at the December 21, 1998 City Council Meetinq Commissioner Schuster advised the Commissioners of action taken by the Council on planning issues at the December 21, 1998. City Council meeting. 8. Adjournment There being no further business. COMMISSIONER COTE MOVED TO ADJOURN THE MEETING. COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION 6-0. The meeting of the Elk River Planning Commission adjourned at 9: 15 p.m. Respectfully submitted. ll/.{'(L' Wtid-IUV Debbie Huebner Recording Secretary rei ~'\J ( ); tIl< Items #6.8. & 6.9. River MEMORANDUM TO: Mayor & City Council FROM: Pat Klaers, City Administrator DATE: January 19, 1999 SUBJECT: Request by Associated Developers of the Twin Cities, Inc. for Preliminary Plat (Elk River Crossing), Public Hearing Case No. P 98-8 and for Conditional Use Permit, Public Hearing Case No. CU 98-26 . As noted in Scott Harlicker's memo, the commercial redevelopment project received a positive recommendation from the Planning Commission for its conditional use permit and preliminary plat. However, these two proposals cannot move forward for a public hearing and consideration by the City Council until ownership of the entire property is obtained or the other two impacted property owners have signed off on the petition for the plat and CUP. If the city needs to go through the complete eminent domain process in order to help assemble the property, then it may be a number of months until this preliminary plat and CUP gets to the Council. City Engineer Terry Maurer is not in attendance at this Tuesday, January 19, Council meeting, but will be in attendance at the Monday, January 25, 1999, City Council meeting. This January 25 meeting is set up to begin with a joint meeting with the School District Board; then the Council will review and consider some "typical" agenda items; and then the meeting will conclude with a worksession type of discussion on the east Elk River project. In addition to reviewing the status of the project finances and activities associated with the public improvement project, I thought it would be appropriate to give the Council a preliminary review of what the Planning Commission has past on to the Council. Accordingly, while Items 6.8. and 6.9. are being continued at this January 19 meeting, the Council will be able to ask some questions and discuss the proposal in a very general sense with the city engineer at the January 25 meeting. . 13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 . TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425